IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Gillis v. MacKeigan, Jr. 2011 NSSC 123
Date: 20110309
Docket: SYDJC: 262862
Registry: Sydney
Between:
John Lloyd Gillis
Plaintiff
v.
David MacKeigan, Jr.
Defendant
Judge: The Honourable Justice Frank Edwards
Heard: By Written Submission, dated March 9, 2011
Written Decision: March 28, 2011
Counsel: Derrick J. Kimball and Nash T. Brogan, for the plaintiff
No one Appearing for the defendant
By the Court:
[1] This matter was remitted to me to assess damages following a decision of the Court of Appeal, dated December 10, 2010. In a decision dated January 25, 2010, I had awarded the Plaintiff $75,000.00 in general damages. Subsequently, in an addendum dated April 6, 2010, I had reduced the general damage award to $2500.00.
[2] The Court of Appeal directed that I determine whether the Plaintiff’s injuries resulted in a permanent serious impairment of an important bodily function caused by a continuing injury pursuant to section 113B(1) of the Insurance Act, R.S.N.S. 1989, c.231. Accordingly, I invited Counsel to make a written submission on the issue. I have now received that submission in a letter dated March 9, 2011. (attached as Appendix A).
[3] I accept the March 9, 2011 submission and reinstate my January 25, 2010 assessment of general damages in the amount of $75,000.00.
Order Accordingly.
J.
Sydney, Nova Scotia